SILC-NET, a project of ILRU – Independent Living Research Utilization Independent Living Research Utilization 1

SILC-NET, a project of ILRU – Independent Living Research Utilization SILC Congress 2016 General Session: WIOA & ACL Proposed Regulations January 16, 2016 Presenters: Ann McDaniel Kelly Buckland Brad Williams 2

SILC-NET, a project of ILRU – Independent Living Research Utilization Key Points in WIOA Sec Purpose Promote Philosophy of IL to maximize leadership, empowerment, independence & productivity of people with disabilities (pwds) and the integration & full inclusion of pwds Provide financial assistance to states: –For providing, expanding & improving IL services –To develop and support network of CILs –For improving working relationships Key Points in Proposed Regs § Purpose Providing financial assistance to States, with the goal of improving the independence of individuals with disabilities, for improving working relationships among— –State Independent Living Services; –Centers for Independent Living; –Statewide Independent Living Councils –State vocational rehabilitation programs –State programs of supported employment services –Client assistance programs –Programs funded under other titles of WIOA; –Programs funded under other Federal laws; –Programs funded through non-Federal sources with the goal of improving the independence of individuals with disabilities. WIOA Sec 701. Purpose 3

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec. 701A. Administration of IL Program Key Points in WIOA Sec. 701A. Administration of the IL Program Establishment of ILA –Sufficient resources (including 1 individual from OGC to provide: TA Support Oversight Director appointed by Secretary of DHHS –Substantial knowledge of IL services ILA Principal agency to carry out Title VII Chapter 1 Director responsible to Administrator of ACL Key Points in Proposed Regs No regulations proposed for this section Supplementary information indicates: IL program transferred to ACL New ILA created Responsibilities set forth in Sec. 706 “person-centeredness” highlighted 4

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Definitions Key Points in WIOA Sec Definitions Administrator Center for Independent Living Consumer Control Key Points in Proposed Regs § Definitions Act Administrative Support Services Administrator Advocacy Attendant care Center for Independent Living Completed their secondary education Consumer control Cross-disability Designated State Entity 5

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Definitions, cont’d. Key Points in WIOA Key Points in Proposed Regs § Definitions, (cont’d.) Eligible agency Independent living core services Independent living service Individual with a disability Individual with a significant disability Majority Minority group Nonresidential 6

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Definitions, cont’d. 2 Key Points in WIOA Key Points in Proposed Regs § Definitions, cont’d. Peer relationships Peer role models Personal assistance services Service provider State State plan Unserved and underserved groups or populations Youth with a significant disability 7

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec State Plan Key Points in WIOA Sec State Plan Required to be eligible for funding Jointly developed by SILC and CILs Must include: –Designation of DSE –Strategies for providing IL services statewide –Objectives & timelines –Establishment of SILC –Design for network of CILs –Steps to maximize working relationships –Coordination of services & resources –Outreach plan –Evaluation –Promote full access to community life –Reviewed/revised every 3 years Key Points in Proposed Regs § General requirements for a State plan Must: –contain assurances –be approved by Administrator –be for a period of not more than 3 years Must be amended to reflect material changes, that affect administration of SPIL, in: –State law –Organization –Policy –Agency operations 8

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec State Plan, cont’d. Key Points in WIOA Sec (cont.) Public input must be gathered: –from individuals with disabilities –prior to development of SPIL Signed by: –SILC chair –DSE director –At least 51% of CILs’ directors Submitted to ACL 90 days prior to end of previous plan Key Points in Proposed Regs § (cont.) Public input must be gathered from: –People with disabilities –Other stakeholders –By holding public meetings: Before draft is developed Or After draft (SPIL & any amendments) is developed –30 days notice prior to public meetings –Must provide alternate formats & interpreters needed 9

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec State Plan, cont’d. 2 Key Points in WIOA Sec (cont.) Designate a DSE to: –Administer Part B funds & disburse based on SPIL –Provide administrative support (if Sec. 723 state) –Keep records –Submit information to Administrator as required –Retain not more than 5% of Part B funds to perform duties Key Points in Proposed Regs § Role of the DSE 5% cap applies to Part B funds allocated to the state AND the required 10% match Arrange for “necessary and sufficient” resources for SILC to fulfill its duties and authorities 10

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Establishment of SILC Key Points in WIOA Sec SILC Must have & maintain SILC to be eligible for IL funding “shall not be established as an entity within a state agency” Appointed by Governor (or other authority designated by state) – all members Composition –CIL Director –Director of CIL run by tribe –Ex-Officio, non-voting members from DSE & other state agencies Key Points in Proposed Regs § Establishment of SILC SILC that meets requirements of Sec. 705 Shall not be established as an entity within a State agency Shall be independent & autonomous from DSE & all other state agencies 11

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Establishment of SILC–Qualifications Key Points in WIOA Qualifications –Statewide representation –Broad range of pwds –Knowledgeable about CILs & IL Majority pwds not employed by CIL or State – applies to: –Voting membership –Total membership Key Points in Proposed Regs No regulations proposed 12

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Establishment of SILC–Qualifications, cont’d. Key Points in WIOA Sec (cont.) Chairperson: –Council selects from among voting membership –If Governor does not have veto power, can select chairperson Terms of Appointment Vacancies All members subject to term limits –If only 1 CIL this doesn’t apply to the CIL Director Vacancies – filled in same manner – Governor may delegate authority to SILC to fill vacancies Key Points in Proposed Regs No regulations proposed 13

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Establishment of SILC–Functions Key Points in WIOA Sec (cont.) Functions: Duties: –Develop SPIL –Monitor, review & evaluate SPIL –Meet regularly – open to public –Submit reports to ACL –Coordinate with other entities that provide services similar to or that complement IL services (New duty) Key Points in Proposed Regs § Duties of the SILC Develop SPIL in accordance with ACL guidelines Monitor SPIL as set forth in SPIL May direct people to the nearest CIL (not direct service) Coordinate with other entities Supervise & evaluate own staff 14

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Establishment of SILC–Authorities Key Points in WIOA Sec (cont.) Authorities: Work with CILs to coordinate services Conduct resource development to support: –SILC activities –IL services provided by CILs Perform other functions consistent with Sec. 705 & Purpose of Title VII Key Points in Proposed Regs § Authorities of the SILC Must be authorized by & described in SPIL Coordinate with CILs to avoid conflicting or overlapping activities May not engage in activities that constitute direct provision of IL services Comply with Federal prohibitions against lobbying 15

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Establishment of SILC–Limitation Key Points in WIOA Sec (cont.) Limitation Shall not provide IL services directly to pwds Hearings & Forums Authorized to hold hearings & forums necessary to carry out duties Key Points in Proposed Regs No regulations proposed 16

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Establishment of SILC–Resource Plan Key Points in WIOA Sec (cont.) SILC Resource Plan Prepare, in conjunction with DSE –Necessary & sufficient to carry out functions of SILC –Funds from: Part B Title I I&E – Sec. 101(a)(18) Other public & private sources Supervise & evaluate staff No duties may be assigned by DSE that create conflict of interest May be used for reasonable & necessary expenses of members & compensation of members Key Points in Proposed Regs § Duties of the SILC (cont.) Prepare SILC resource plan in conjunction with DSE –Amount commensurate with estimated costs to fulfill duties & authorities –Sources of funds include Part B & State match, I&E funds –Other public & private sources –Conditions or requirements that may compromise independence of SILC not permitted –SILC responsible for proper expenditure of funds/resources –Must be included in SPIL 17

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec Responsibilities of the Administrator Key Points in WIOA Sec Responsibilities of the Administrator. Approve any SPIL that meets requirements of Sec. 704 Disapprove any SPIL that does not meet requirements of Sec. 704 –Notify State of intention to disapprove –Afford reasonable notice & opportunity for a hearing Develop Standards and Indicators for SILCs & publish in Federal Register Key Points in Proposed Regs No regulations proposed 18

SILC-NET, a project of ILRU – Independent Living Research Utilization WIOA Sec. 711A. Training and Technical Assistance Key Points in WIOA Sec. 711A. Training and Technical Assistance 1.8 – 2% of Part B funds to be used for training & TA for SILCs –directly or –through grants, contracts, or cooperative agreements Administrator to survey SILCs to determine priorities Applications for grants to provide this training & TA will be reviewed by persons with SILC experience that are not government employees Key Points in Proposed Regs § (cont.) Reserve 1.8 – 2% of funds to provide training & TA: –directly or –through: Grants Contracts Cooperative agreements Administer funds in accordance with Sec. 711A 19

SILC-NET, a project of ILRU – Independent Living Research Utilization Contact Information Kelly Buckland – National Council on Independent Living Ann McDaniel - West Virginia SILC PO Box 625 Institute, WV Brad Williams - New York SILC 111 Washington Avenue, Suite 101 Albany, NY

SILC-NET, a project of ILRU – Independent Living Research Utilization SILC-NET Attribution Support for development of this training was provided by the Department of Health and Human Services, Administration for Community Living under grant numbers 90TT and 90IT No official endorsement of the Department of Health and Human Services should be inferred. Permission is granted for duplication of any portion of this PowerPoint presentation, providing that the following credit is given to the project: Developed as part of the SILC-NET, a project of the IL-NET, an ILRU/NCIL/APRIL National Training and Technical Assistance Program. 21